End User Terms and Conditions
Welcome to the terms and conditions on which Gallagher Group Limited will supply the Gallagher Security Application and corresponding services to you.
By downloading and/or using our App, you agree to be bound by these Terms (including any of our policies or other terms as stated in these Terms).
1. Our Agreement
1.1 You may use this App only for the period that the Site is subscribed for the Services. On the suspension or termination of the Site subscription, you must cease to access or use this App and we may restrict or block your access to this App.
2. Our Services
2.1 You may use this App to receive Services provided by us under the Subscription Agreement.
2.2 Please note that we may vary the functionality of the App from time to time and will provide you with at least 1 month notice of any material changes (which may include notification through the App). Please note that material changes does not include performance fixes, new features and user interface and experience updates.
2.3 You acknowledge that we will not be required to provide the App or Services to you during the time and to the extent that our performance is prevented due to:
- Scheduled maintenance or service upgrades undertaken by us in relation to the App and Services.
- Problems with any third-party equipment, software or material used in the provision of the App and Services, including any problems with internet or cellular connectivity.
- Other products licensed to, or managed or owned by you or at the Site (including the Hardware, except where due to a breach of our Hardware warranty set out in these Terms).
- Acts or omissions of you, or a failure by you to comply with these Terms.
- An event outside the reasonable control of a party, including emergency or cybersecurity incidents (other than any security incident at the Site notified through the Products and Services).
2.4 You agree that, as between you and us, we will own all of the Products, software and other products used for the provision of this App and the Services (other than the Hardware).
3. Your Obligations
3.1 You agree that you will only access and use the App and the Services in accordance with these Terms, the Subscription Agreement, all applicable laws, and solely in relation to the operation of the Site.
3.2 To use the App and to receive the Services:
- The Site must have an active subscription for the Services and must have purchased and correctly installed the Products.
- You must at times of use have a stable internet or cellular connection.
- You must comply with our policies relating to the App and the Services, including our password policy available on our website.
3.3 You must notify us immediately if you become aware of any unauthorised use of any password or account or any other known or suspected breach of security regarding the use of any App.
3.4 You agree that you will not:
- Attempt, in any manner, to obtain the password, account, credentials or other security information from any other user and you must keep your account secure and not take any action that may impact the security of another else’s account.
- Disrupt, interfere with, violate the security of, or attempt to gain unauthorised access to the Products or Services or any related equipment or circumvent or attempt to circumvent any technological measure implemented to protect the Services and Products.
- Upload, transmit, distribute or run any computer virus, worm, Trojan horse or any computer code that could damage or alter any system, device or property used in connection with the Products or Services.
- Run any form of auto-responder or “spam” on the Services.
- Attach or connect any third party or otherwise unauthorised equipment to the Products or Hardware provided by us or the Installer.
4. Your Payment
4.1 The use of the App is included within the Subscription Payment. No other payment will be required to download or use this App.
5. Use of Information
5.1 You are responsible for ensuring the security of any personal information and the visual and audio recordings captured on the Products at the Site, which are held on your computer, mobile or other device.
5.3 You must immediately notify us if you become aware of any suspected or potential breach of applicable privacy laws in relation to the App or the Services.
5.4 As part of your use of the App and the Services, you acknowledge that other information relating to your use of the Products and Services (which is not personal information) may be collected, used and stored by us, the Installer and other subcontractors. Certain information will be stored within the App and may count towards your storage limit.
6. Intellectual Property Rights
6.1 As between Gallagher and you, Gallagher is the owner or the licensee of all Intellectual Property Rights relating to the App and the Services and we retain all right, title and interest in and to the App.
6.2 We grant you a royalty-free, non-exclusive, non-transferable, revocable license to use the Intellectual Property Rights solely to the extent required for you to use the App and to receive the Services during the term in accordance with these Terms. For the avoidance of doubt, the Apps are not sold or transferred to you and Gallagher retains ownership of all copies of the Apps at all times.
6.3 You must not at any time:
- Attempt to copy, alter, modify, replicate, or reverse engineer or enhance the Hardware, the Products or any software used for the Services.
- Alter, remove or tamper with any trademark, patent or copyright notices or any confidentiality or proprietary notice, numbers or other means of identification used on or in relation to the Intellectual Property Rights.
- Make any of our Intellectual Property Rights available to any third party (other than your personnel or contractors required to use it for the purposes of receiving the Products or Services).
- Develop or use any third party applications that interact with the App or Services without our prior written consent.
- Do any act or allow any act to be done that would or might invalidate or be inconsistent with our rights or title in and to the Intellectual Property Rights.
7.1 You will indemnify us, and our employees, agents and contractors in respect of all liabilities, costs and expenses (including full costs between solicitor and client), claims or demands incurred by us or any third party arising from any of your acts or omissions, your negligence, your breach of these Terms, or arising out of or incidental to your use of the Services.
8. Limitation of liability
8.1 You acknowledge and agree that the App and Services are provided on an ‘as is’ basis, without any express or implied warranty, representation or condition. GALLAGHER DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW. GALLAGHER DOES NOT GUARANTEE THAT THE APP OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. TO THE EXTENT PERMITTED BY LAW, GALLAGHER’S WARRANTY POLICY AND THE REMEDIES SET OUT IN THE POLICY ARE EXCLUSIVE AND IN PLACE OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED.
8.2 You acknowledge that your sole and exclusive remedy for any issues relating to the App or the Services is to uninstall the App and to cease using the Services.
8.3 Subject to claims available under consumer protection laws, we are not liable, whether in contract, tort or otherwise, for any loss or damage arising out of or in connection with the use of (or inability to use) our Apps or Services.
8.4 To the extent permitted by law, under no circumstances will we be liable for any indirect, incidental, special, punitive or consequential damages, including any loss of revenue or profits, data, or data use regardless of whether we may have been warned of the possibility of those damages.
9. Suspension or Cancellation
9.1 We may suspend the provision of the Services to you at any time or may restrict or block your access to our App, including if you breach these Terms.
9.2 You may cancel these Terms at any time by uninstalling the App.
9.3 Either of us may cancel these Terms by giving written notice to the other with effect from the date specified in the notice if a party commits a material breach of these Terms and, if it is capable of remedy, does not remedy that breach within 30 days of receiving written notice from the other party.
9.4 The cancellation of these Terms for any reason will not affect any rights which accrued before cancellation.
9.5 Clauses 6, 7, 8, 10 and 11.8 will remain in full force and effect and survive the termination of these Terms.
10.1 You must not use, disclose or reproduce these Terms or any of our Confidential Information, except as required to exercise your rights or perform your obligations in these Terms or with our prior written consent.
10.2 We will not disclose your Confidential Information except as required to exercise our rights or perform our obligations under these Terms or the Subscription Agreement, which may include disclosing such information to our contractors, employees, consultants and professional advisers.
10.3 The confidentiality obligations in this clause do not apply to the extent:
The information is required to be disclosed by law or court order.
Such information is in or becomes part of the public domain.
The information can be shown to have been known to the other party prior to it being disclosed or subsequently comes lawfully into the possession of the party from a third party.
10.4 On our request, you must immediately provide to us or, to the extent reasonably practicable, destroy or delete all materials containing or referring to our Confidential Information which are in your possession, power or control.
11.1 Our business is located in New Zealand. If you need to contact us about the Products or Services, our contact details are 0800 654 256 and firstname.lastname@example.org.
11.2 Any notice or communication to be given under these Terms must be in writing and may be served personally or sent by registered mail or by email to the addresses specified in your account from time to time. We may also provide notice to you through the App.
11.3 We may update these Terms and our applicable policies from time to time. We will provide you with written notice of any material update to these Terms (which may include notification through the App) and, if you do not agree to the update, you may cancel these Terms with 1 month’s prior written notice to us.
11.4 Our failure to enforce any provision of these Terms will not waive our right thereafter to enforce any such provision.
11.5 These Terms contain the full and complete agreement of the parties with respect to the subject matter and, except as otherwise provided, supersede all prior negotiations, commitments, writings, agreements, and understandings between the parties.
11.6 These Terms will be governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.
11.7 In these Terms:
“Confidential Information” means any and all information, regardless of how the information is stored or delivered, exchanged between you and us relating to these Terms.
“Hardware” means the physical equipment installed at your Site which forms part of ‘Gallagher Security’ (including any third-party hardware).
“Intellectual Property Rights” means all intellectual property rights, including current and future registered and unregistered rights, in respect of copyright, designs, circuit layouts, trade marks, trade secrets, software applications, websites, patents, inventions, discoveries, know-how, confidential information and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
“Products” means all products supplied by us which enables ‘Gallagher Security’ to be installed, serviced and used by you, including the Gallagher Security Application (but excluding the Hardware).
“Services” means the services subscribed to in the Subscription Agreement, which may be varied from time to time in accordance with those terms.
“Site” means the physical location for the Services and includes any building on the site.
“Subscription Agreement” means the agreement entered into relating to the use of ‘Gallagher Security’ at the Site.
“Subscription Payment” means the fee payable under the Subscription Agreement.
11.8 In these Terms:
- Clause and other headings are for ease of reference only and do not affect the interpretation hereof.
- Including does not imply any limitations.
- Any reference to “approval”, “consent”, “authorisation” or any other similar terms means our approval, consent or authorisation acting in our sole and absolute discretion.
- To the extent of any inconsistency, the terms and conditions set out in these Terms will take precedence over any policies, or any other agreement entered into between us relating to the Services (other than the Subscription Agreement, which will at all times take precedence over these Terms).